September 14, 2006, Introduced by Rep. Marleau and referred to the Committee on House Oversight, Elections, and Ethics.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 24 (MCL 169.224), as amended by 1999 PA 237.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 24. (1) A committee shall file a statement of
organization with the filing officials designated in section 36 to
receive the committee's campaign statements. A statement of
organization shall be filed within 10 days after a committee is
formed. A
filing official shall maintain a statement of
organization
filed by a committee until 5 years after the official
date
of the committee's dissolution. A person who fails to file a
statement of organization required by this subsection shall pay a
late filing fee of $10.00 for each business day the statement
remains not filed in violation of this subsection. The late filing
fee shall not exceed $300.00. A person who violates this subsection
by failing to file for more than 30 days after a statement of
organization is required to be filed is guilty of a misdemeanor
punishable by a fine of not more than $1,000.00.
(2) The statement of organization required by subsection (1)
shall include the following information:
(a) The name, street address, and if available, the telephone
number of the committee. If a committee is a candidate committee,
the committee name shall include the first and last name of the
candidate. A committee address may be the home address of the
candidate or treasurer of the committee.
(b) The name, street address, and if available, the telephone
number of the treasurer or other individual designated as
responsible for the committee's record keeping, report preparation,
or report filing.
(c) The name and address of the financial institution in which
the official committee depository is or is intended to be located,
and the name and address of each financial institution in which a
secondary depository is or is intended to be located.
(d) The full name of the office being sought by, including
district number or jurisdiction, and the county of residence of
each candidate supported or opposed by the committee.
(e) A brief statement identifying the substance of each ballot
question supported or opposed by the committee. If the ballot
question supported or opposed by the committee is not statewide,
the committee shall identify the county in which the greatest
number of registered voters eligible to vote on the ballot question
reside.
(f) Identification of the committee as a candidate committee,
political party committee, independent committee, political
committee, or ballot question committee if it is identifiable as
such a committee.
(g) A mailing address for the committee and a statement that
the committee will keep the secretary of state advised of any
changes in the mailing address and that any notice required by this
act or rules promulgated pursuant to this act to be given to the
committee by mail is adequately served on the committee if it is
mailed to the most recent mailing address provided to the secretary
of state.
(3) An independent committee or political committee shall
include in the name of the committee the name of the person or
persons that sponsor the committee, if any, or with whom the
committee is affiliated. A person, other than an individual or a
committee, sponsors or is affiliated with an independent committee
or political committee if that person establishes, directs,
controls, or financially supports the administration of the
committee. For the purposes of this subsection, a person does not
financially support the administration of a committee by merely
making a contribution to the committee.
(4) If any of the information required in a statement of
organization is changed, the committee shall file an amendment when
the next campaign statement is required to be filed. An independent
committee or political committee whose name does not include the
name of the person or persons that sponsor the committee or with
whom the committee is affiliated as required by subsection (3)
shall file an amendment to the committee's statement of
organization not later than the date the next campaign statement is
required
to be filed. after the effective date of the amendatory
act
that added this sentence.
(5) When filing a statement of organization, a committee,
other than an independent committee, a political committee, or a
political party committee, may indicate in a written statement
signed by the treasurer of the committee that the committee does
not expect for each election to receive an amount in excess of
$1,000.00 or expend an amount in excess of $1,000.00.
(6) When filing a statement of organization, an independent
committee, a political committee, or a political party committee
may indicate in a written statement signed by the treasurer of the
committee that the committee does not expect in a calendar year to
receive or expend an amount in excess of $1,000.00.
(7) The statement of organization filed by a candidate
committee shall include a declaration by the members of the
committee, certifying that each member is aware of the requirements
of this act and that any violation of the act by the member is a
knowing violation.
(8) (7)
Upon the dissolution of a committee, the committee
shall file a statement indicating dissolution with the filing
officials with whom the committee's statement of organization was
filed. Dissolution of a committee shall be accomplished pursuant to
rules promulgated by the secretary of state under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(9) (8)
A candidate committee that files a written statement
pursuant
to subsection (5) shall is
not be required
to file a
dissolution
statement pursuant to subsection (7) (8)
if the
committee failed
to does not receive or expend an amount in
excess of $1,000.00 and 1 of the following applies:
(a) The candidate was defeated in an election and has no
outstanding campaign debts or assets.
(b) The candidate vacates an elective office and has no
outstanding campaign debts or assets.